When going through a divorce in South Dakota, spousal support or alimony may be awarded to one spouse in order to ensure financial stability post-marriage. However, there may be situations where it becomes necessary to modify the spousal support order due to changing circumstances. In this article, we will delve into the procedures and requirements for modifying spousal support in South Dakota, exploring the complexities of this process.
- Requesting Modification: Initiating the Process
- Substantial Change In Circumstances: The Key Criterion
- No Automatic Modifications: The Court's Role
- Temporary Modifications: Addressing Short-Term Changes
- Hiring An Attorney: Navigating the Complexities
- Conclusion: The Importance of Demonstrating Change
Requesting Modification: Initiating the Process
The initial step towards modifying spousal support in South Dakota involves the submission of a modification request. This request can be filed by either spouse involved. To request a modification, a motion must be filed with the court that issued the original order. For a successful modification request, the motion should provide a comprehensive explanation as to why the modification is necessary. This should include a detailed explanation of any changes in circumstances that have arisen since the original order was issued.
Substantial Change In Circumstances: The Key Criterion
Under South Dakota law, the court will only grant a modification of spousal support if there has been a substantial change in circumstances. The term "substantial change" encompasses various scenarios, such as:
- A significant increase or decrease in either spouse’s income
- One spouse getting married or cohabitating with someone else
- One spouse becoming disabled or suffering from a serious illness
- The receiving spouse becoming self-sufficient
Proving the existence of a substantial change in circumstances lies on the party requesting the modification of spousal support. This involves presenting evidence to support their claim. Financial statements, tax returns, medical bills, and other relevant documents may be submitted as evidence.
No Automatic Modifications: The Court’s Role
It is important to note that modifications of spousal support are not automatically granted in South Dakota. Even if both parties agree to the modification, it must still undergo court approval. If the court does not approve the modification, the original order will remain in effect. This underscores the significance of following the proper legal procedures when seeking a modification.
Temporary Modifications: Addressing Short-Term Changes
In certain instances, a party may need to request a temporary modification of spousal support. Temporary modifications are typically sought when there is a short-term change in circumstances, such as a temporary decrease in income due to a job loss. The court has the authority to grant a temporary modification for a specified period of time. Once this period of time elapses, the original order will resume its effect.
Hiring An Attorney: Navigating the Complexities
Modifying spousal support in South Dakota can be a complex process requiring a full understanding of the law. As such, it is strongly recommended that individuals involved in this process seek the assistance of an experienced family law attorney. By hiring an attorney, parties can ensure that all requirements are met, all necessary documents are filed, and that their best interests are well represented in court.
Conclusion: The Importance of Demonstrating Change
Modifying spousal support in South Dakota necessitates a clear demonstration of a substantial change in circumstances. The requesting party bears the burden of proof in showing that such a modification is necessary. Temporary modifications may be granted for short-term changes, but the original order will be reinstated once the specified period has lapsed. Given the complexity of this process, it is highly recommended that parties secure the services of an experienced family law attorney to guide them through the legal requirements and procedures.